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Archive: February, 2019

Posts in February, 2019

Impact of SEBI (Prohibition of Insider Trading) Amendment Regulations, 2018 & 2019

February 21, 2019 11859 Views 0 comment Print

In the backdrop of several highlighted instances of suspected leakage of unpublished price sensitive information (UPSI) and suspected trades on the basis of such information by persons privy to such information SEBI has issued the SEBI (Prohibition of Insider Trading) Amendment Regulations, 2018 on 31st December, 2018 and the amendments will take effect from 1st […]

Synopsis of SEBI (Prohibition of Insider Trading) (Amendment) Regulations, 2018

February 21, 2019 3594 Views 0 comment Print

CS Chintan Doshi Synopsis of SEBI (Prohibition of Insider Trading) (Amendment) Regulations, 2018 Dated 31-12-18, Effective From 01-04-2019 1. The definition of “promoter” and “promoter group category” to be read as per SEBI (ICDR) REGULATIONS, 2018 in place of 2009. Definitions are as follows: “promoter” shall include a person: i) who has been named as […]

NCLT Not a ‘Court’ or a ‘Tribunal’ Cannot Decide Legality of a Foreign Decree

February 21, 2019 6159 Views 1 comment Print

National Company Law Appellate Tribunal concluded that the National Company Law Tribunal (NCLT) is not a ‘Court’ or a ‘Tribunal’ and hence cannot decide legality of a foreign degree. NCLAT held that deciding the legality or illegality of a foreign degree is outside the jurisdiction of NCLT.

Section 269SS not applies to loan transaction between husband and wife

February 21, 2019 8604 Views 0 comment Print

Provisions of section 269SS was not applicable to the loan transaction between husband and wife because there was no relationship of the depositor or a creditor and no interest of parties were involved.

Section 10(22) exemption is allowable to American School of Bombay Education Trust

February 21, 2019 1368 Views 0 comment Print

Assessee-American School of Bombay Education Trust was eligible for income tax exemption u/s. 10(22) as assessee had reasonable cause and justified the expenses claimed in the Income and Expenditure statement filed along with the return of income.

LTCG or STCG to be assessed when income accrued to assessee

February 21, 2019 4296 Views 0 comment Print

It was held after the accrual of consideration, the capital gain was liable to be assessed in the hands of assessee and income from short term capital gain/long term capital gain was only liable to tax when it accrued to assessee

Receipts from “Sale of Software” not in nature of “Royalty” as per India-Ireland DTAA

February 21, 2019 5241 Views 0 comment Print

Receipts from sale of software cannot be treated as ‘royalty’ under the Double Taxation Avoidance Agreement (DTAA) between India and Ireland as payment had been made by assessee for use of copyrighted material rather than for the use of copyright in the computer software programme.

Non-charging of interest on loan to director – Perquisite?

February 21, 2019 6999 Views 0 comment Print

Non-charging of interest on the loan amount given by lending company to its director could not be a perquisite as no remuneration or salary in the capacity of the director had been drawn from the lending company nor any interest expenditure was shown in its profit and loss account.

Service tax exemption cannot be denied for belated filing of declaration EXP-1, EXP-2

February 21, 2019 1749 Views 0 comment Print

CESTAT Delhi has held that exemption under Notification No. 31/2012-ST, to transportation of goods from factory to the gateway port, cannot be denied for belated filing of declaration EXP-1, EXP-2.

Reassessment without issuance of notice U/s 143(2) is invalid

February 21, 2019 5778 Views 0 comment Print

Reassessment order passed by AO without issuing notice under section 143(2) was invalid as it is mandatory obligation of AO to serve notice by assigning reasons therein with regard to his belief of escaped tax liability before making reassessment of any escaped income.

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